Dui Second Offense Guidance

Summary

Second offense DUI in Kentucky carries a minimum of 7 days jail time, with home incarceration as an alternative. If your boyfriend plans to plead guilty, his attorney can file a motion to advance the court date, but its up to the judges discretion. Police body cam footage may not be necessary if he pleads guilty. If communication with the public defender is difficult, consider contacting the Public Defenders Office or the court. Each DUI case is unique, and penalties can vary.

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My boyfriend unfortunately got a DUI 2nd offense three weeks ago. He asked for an appointed attorney as he waited for his pretrial conference. He stayed in jail ten days waiting for her to contact him. He was prepared to plead guilty. She showed up five minutes before his hearing and said that this was the hearing to get him on home incarceration. Now they have pushed his next court date way towards the end of july. I feel like this isn't fair. He wanted to plead guilty and now has to be on home incarceration unitl his next court date. He did enough time being in jail ten days?
Hello ****, I understand your frustration. It's important to know that the legal process can sometimes be slow. As per Kentucky law:
- Second offense DUI carries a minimum of 7 days jail time.
- Home incarceration is often used as an alternative.
Although he's already served 10 days, the final decision rests with the court.
Is there a possibility to move up his court date since he plans just to plead guilty?
Yes, it's possible. His attorney can file a motion to advance the court date. However, it's up to the judge's discretion whether to grant it or not. It's recommended for your boyfriend to discuss this with his attorney.
Yes he is going to. It may just be best to keep his court date, and finish out his home incarceration since it will go towards credit of time served.
It sounds like you've made a decision. Remember, time on home incarceration often counts towards time served. Keep in close contact with his attorney for any updates. Let us know if you need further assistance.
Also now police have body cameras, do they have to use the body cam video if he plans to plead guilty?
The use of police body cam footage in court cases depends on several factors. Here are the general rules:
- If the footage is relevant and can provide evidence, it may be used.
- If your boyfriend pleads guilty, the footage might not be necessary.
- However, the decision ultimately lies with the prosecution and the court.
Ok, I was reading it isn't really necessary if he pleads guilty
That's correct, ****. If your boyfriend pleads guilty, it's often not necessary to present evidence such as body cam footage. However, it's always the court's discretion. It's best for him to discuss this with his attorney.
Ok thank you. This is all very scary for me
I understand your concerns, ****. It's important to remember that the legal process can be complex and often stressful. Make sure your boyfriend keeps in close contact with his attorney who will guide him through the process. You're doing a great job supporting him, and I'm here to provide any legal information you may need.
It's really hard. I am terrified.
I'm really sorry that you're feeling this way, ****. It's completely normal to feel scared in such situations. Remember, it's crucial for your boyfriend to communicate with his attorney and understand each step of the process. This can help alleviate some of your concerns.
Yes he is going to call her again. It is so hard to get ahold of her and she doesn't respond
I understand your frustration, ****. It's crucial for your boyfriend to maintain communication with his attorney. If he continues to have difficulty contacting her, he might consider seeking assistance from the public defender's office or the court. They can potentially facilitate communication or address the issue.
Well she is a public defender. We can't afford a private attoreny
I understand your situation. Public defenders often have heavy caseloads, but it's important your boyfriend's rights are protected. He can express his concern to the Public Defender's Office or request a new attorney, though the decision is up to them.
Was it unfair that she showed up just five minutes before his hearing? He could have plead guilty then
While it may seem unfair, it's common for public defenders to meet their clients shortly before the hearing due to their heavy caseloads. Guilty pleas should be made after discussing with a lawyer. This ensures a proper understanding of all legal consequences.
RIght, but she was supposed to meet him within * hours after she was appointed to him.
I understand your concern, ****. While it's expected that attorneys meet their clients in a timely manner, there can sometimes be delays. If you continue to have concerns about the representation, you can raise them with the Public Defender's Office or the court.
I just feel since he didn't have a chance to discuss with her to plead guilty, she has postponed this unecessary stress on both of us having to wait until the end of next month
I understand how distressing this can be. It's important to remember that legal processes often take time to ensure a fair outcome. If your boyfriend feels his representation is inadequate, he could consider voicing his concerns to the Public Defender's Office or the court.
Most people we have talked to only served 3 days in jail, and that was it for a second offense
Second offense DUI penalties can vary depending on multiple factors, including:
- The judge's discretion
- The circumstances of the offense
- Prior convictions
Remember, each case is unique and outcomes can differ. It's advisable to discuss this with his attorney.
Ok thank you for your help
You're welcome, ****. I understand this is a challenging time for both of you. Please remember to keep communicating with the Public Defender's Office and continue supporting each other. Don't hesitate to reach out if you have any more questions.